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ELCStruck OutNot stated in judgment· [2025] KEELC 8051 (KLR)

Cotova & another v Gerald & another; Blatterman (Through His Attorney Shabir Hatim Ali Taher) (Interested Party) (Environment and Land Case Civil Suit E082 of 2024) [2025] KEELC 8051 (KLR)

Environment and Land Court
20 November 2025
EME. K. Makori
1,601 words in judgment
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The bottom line

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Kenya's Environment and Land Court struck out a land suit built on invalidated consent judgments, ordering the plaintiff to pay all costs.

What this practically means

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Executive summary

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The interested party, Shabir Hatim Ali Taher, moved the Environment and Land Court at Malindi by a Notice of Motion dated July 1, 2025, seeking the striking out of the plaintiff David Mwangi Muiruri's suit as frivolous, vexatious and an abuse of process, cancellation of register entries over Plot No. 622 (Original No. M.17G) Malindi, a declaration that the plaintiff is a vexatious litigant, and a permanent bar on future suits over the plot without leave. He argued that ownership of the plot had been definitively settled in Malindi ELC No. 27 of 2012 and its appeal, and that the plaintiff had orchestrated a series of consent judgments and an acknowledgment dated May 4, 2022, to collaterally circumvent those findings. The plaintiff and the defendants opposed the application, the defendants questioning the deponent's power of attorney. The court, E. K. Makori J, framed a single issue: whether the suit was frivolous, vexatious or an abuse of process. Relying on Co-operative Merchant Bank Ltd v Wekesa, the court held that striking out is draconian but justified in plain cases. Finding that the plaintiff's claim rested entirely on an acknowledgment whose foundational consent judgments had been nullified, and that the plaint disclosed no justiciable cause of action, the court struck out the suit and granted the motion with costs against the plaintiff.

Key legal issues

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01

Whether the plaintiff's suit founded on an acknowledgment whose underlying consent judgments were nullified should be struck out

Holding

The suit is frivolous, vexatious and an abuse of the court process and is struck out

Reasoning

The plaintiff's claim rested entirely on an acknowledgment dated May 4, 2022, which was premised on consent judgments in CMELC No. E042 of 2022 and ELC Appeal 35 of 2022. Those consents were judicially nullified, undermining the foundation of the acknowledgment. The plaint also lacked essential facts showing the plaintiff's interest or entitlement to compensation. Enforcing it would indirectly revive invalidated consents and circumvent binding findings in ELC No. 27 of 2012 and the appeal.

p. 4

Legal principles established

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  • Striking out pleadings is a draconian step reserved for plain cases
  • A party cannot enforce rights arising from a document whose legal basis has been judicially invalidated

Court orders

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  1. 1.The Notice of Motion dated July 1, 2025, is granted with costs, including the striking out of the plaintiff's suit as frivolous, vexatious and an abuse of the court process

Authorities

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Cases cited (1)

  • The Co-Operative Merchant Bank Ltd. v George Fredrick Wekesa
    Civil Appeal No. 54 of 1999
Jurisdiction invoked
Not expressly stated; Environment and Land Court jurisdiction over land disputes in Malindi

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Cotova & another v Gerald & another; Blatterman (Through His Attorney Shabir Hatim Ali Taher) (Interested Party) (Environment and Land Case Civil Suit E082 of 2024) [2025] KEELC 8051 (KLR)", Case Analysis (2025). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/8051/eng@2025-11-20

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.